The 7th Circuit Court of Appeals agreed with a lower court that an inmate in a federal Terre Haute prison should not receive credit for a three-year period as he argued in his habeas corpus petition.
The Indiana Court of Appeals reversed a ruling in favor of a woman on her claim that her ex-husband owed her more than $2.4 million based on a 1997 property settlement agreement. The judges found the trial court should have considered subsequent property settlement agreements the two entered into without the court’s approval.
Allen Superior Judge Frances C. Gull, who has spent the past 10 years to electronically upgrading the court’s jury management system, will receive the 2015 G. Thomas Munsterman Award for Jury Innovation from the National Center for State Courts for her efforts.
A report and recommendations for addressing the issue of unrepresented litigants has been submitted to the Indiana Supreme Court but the contents are not being made public.
The Hoosier Environmental Council has filed a lawsuit on behalf of a pair of Hendricks County families who say they face “intolerable living conditions” created by odors coming from a nearby 8,000-hog farm that opened two years ago.
The family of a 14-year-old Pulaski County girl who died as a result of prescription error has been awarded $31.3 million in a judgment against state agents who wrongly removed the couple’s children from their home and prosecuted the parents for their daughter’s death.
The city of Cleveland says it is within its rights to tax visiting professional athletes based on the number of games they play a year because taxation is a matter of local jurisdiction.
The Indiana Supreme Court will hear an appeal involving a lawsuit seeking a lawmaker's emails and other correspondence with utility company officials over solar power legislation he sponsored.
An estimated 200 attorneys, judges and law students gathered Oct. 5 to celebrate the beginning of the judicial year at the 56th annual Red Mass sponsored by the St. Thomas More Society of Indianapolis.
7th Circuit Court of Appeals
Bryana Bible, Individually and on Behalf of the Proposed Class v. United Student Aid Funds, Inc.
14-1806
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Denies petition for rehearing en banc of the panel decision. The panel reversed and remanded the District Court’s dismissal of Bible’s complaint against a creditor in a student loan default case. None of the panelists who wrote three separate opinions, nor other Circuit judges, favored rehearing en banc. Judge Frank Easterbrook wrote a concurrence to underscore that deference to federal agency positions affirmed in Auer v. Robbins, 519 U.S. 452 (1997), has been assailed by recent Supreme Court rulings suggesting that decision “may not be long for this world.”
A trial court erred in granting summary judgment in favor of hotel defendants on a negligence claim arising after a guest slipped, fell and was injured in a parking lot covered by a dusting of snow.
A man convicted of dealing cocaine failed to persuade the Indiana Court of Appeals to reverse due to what he claimed was an erroneous jury instruction.
The legal malpractice case of Cassel v. Superior Court of Los Angeles County, 244 P. 3d 1080 (2011), continues to ricochet through the California mediation community and court system, and the issue it raised is now headed to the Legislature.
Whether a creditor can apply student loan rehabilitation agreement payments to collection costs is a question that split a panel of the 7th Circuit Court of Appeals three ways, but Circuit judges agreed they’ve heard enough of the matter for now.
Attorneys for an Indiana woman seeking to overturn her conviction in the death of her premature baby have argued prosecutors relied on an absurd use of the state's feticide law.
The legislative Interim Study Committee on Public Policy will review the state’s smoking policy, including a look at e-cigarettes and an increase in the cigarette tax, at its first meeting Oct. 6.
Former Indiana Secretary of State Charlie White has started serving his one-year sentence of home detention more than 3½ years after being convicted of perjury and other charges that forced him from office.
Last fall, the country dealt with the Ebola crisis, and flu season will be here before you know it. When IndyBar attorneys recognized the guidance organizations needed in order to deal with these outbreaks, they did something about it. Members of the Health Care & Life Sciences Section and the Labor & Employment Law Section planned an upcoming CLE addressing Pandemic Preparedness: Legal, Employment and Ethical Considerations on Tuesday, Oct. 13.
The number of Millennials joining and participating in bar associations is declining. John Trimble, Terrance Tharpe and others have previously touted the benefits of joining and participating in bar associations, but this guest column (thanks to John for the invitation) is different. This column specifically goes out to my fellow Millennials.